004 - Understanding the Party Wall etc. Act 1996 an essential insight for Homeowners

Introduction

​When embarking on a construction or renovation project understanding the Party Wall etc. Act 1996 is crucial. Failing to comply could result in complicated and costly legal action from your neighbour even before starting the work.
A party wall survey and agreement ensures that certain works conducted to a shared structure or near the boundary is carried out with minimal disruption to both parties either side of the ‘fence’. This post delves into the importance of abiding to the Party Wal etc. Act 1996 the process involved, and the key benefits generated as a result.

What is a Party Structure? 

​A party structure is a wall (and or floor) shared by two or more owners and forms part of a building or structure. It can also be a wall that stands on one owner's land but due to its placement on the boundary the neighbours have a right to use it when extending their property. Party walls are common in terraced and semi-detached houses, commercial properties and flats.

The Importance of Party Wall Surveys and Agreements 

Legal Compliance
Party wall notices or work and following that agreements are essential for ensuring compliance with the Party Wall etc. Act 1996. It provides a structured framework for managing and resolving disputes between neighbours related to party walls, boundary walls, and excavations near neighbouring properties.
The legal framework makes sure that building owners notify their neighbours about the proposed work, gives them the opportunity to consider and respond either contenting or raise concerns in the form of a dissent. By following the procedures outlined in the Act, both parties are protected by law, which helps prevent unauthorised work and potential legal conflicts via courts.
Ensuring legal compliance through a party wall award helps to uphold the integrity of the building process and protects all involved parties often maintaining neighbourly relations.

Protecting Property Rights
A party wall etc. Act 1996 plays a crucial role in safeguarding the property of both the building owner undertaking the work and the adjoining property owners (above or next door). By formally documenting the existing buildings condition, scope and nature of the proposed work, the party wall survey and award ensures that both parties are aware of their rights and responsibilities. This transparency helps to prevent unauthorised alterations or damage to shared structures having a lsting impact and regiments repairs or remedies.
Additionally, the survey provides a clear record that can be referred to in case of future disputes or misunderstandings, thereby protecting the property interests of all involved.

Preventing Disputes
One of the primary benefits of a party wall survey is its ability to prevent neighbourly disputes between owners taking responsibility and passing it onto professionals. The survey process requires clear communication and documentation of the intended construction work, which minimises the chances of misunderstandings and disagreements. Party wall surveyors should pass concerns and intentions and represent them while remaining progressional.
By engaging us to assess the situation and create a detailed party wall notice and award, potential issues can be addressed proactively rather than ruining relations.
This formalised approach ensures that both parties have a mutual understanding of the work to be done and the precautions in place, significantly reducing the likelihood of conflicts arising during or after the construction process.
Neighbours cannot prevent a majority of party wall notifiable works but can enforce via the award set guidelines for elements such as site access, work hours, repairs and potential compensation if they are impacted by the works (such as removal of a shrub or tree).

Ensuring Safety
Safety is a big concern in any construction project particularly as a neighbour who may have pets or children that could be negatively hindered. Party wall surveys are instrumental in assessing potential concerns and agreeing implementations for maintaining the structural integrity of the buildings involved. Both or the agreed Surveyors assess the potential impact of the proposed work on the shared wall and surrounding structures, ensuring that all necessary precautions are taken to prevent damage. They can make rulings and judgements to force contractors hands to do work ‘properly’ and avoid dangerous activities.
By identifying and addressing potential risks, the survey helps to ensure that the construction work does not compromise the safety of either property. This careful consideration of safety measures protects not only the buildings but also the well-being of the occupants. If there is a risk of damage terms are set to minimise and manage the risks.
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Clarity and Transparency
Party wall surveys provide clarity and transparency throughout the construction process. The surveyors appointed remain appointed until the end of the scheme ensuring a competent party are always acting in their clients best interest.
By detailing the nature of the work, timelines, and protective measures, the agreement ensures that both parties have a comprehensive understanding of what to expect. This transparency fosters trust and cooperation between neighbours, as it eliminates any challenges that may arise and sets clear expectations.
Additionally, having a documented agreement in the form of a party wall award provides a reliable reference point, making it easier to manage the project and address any concerns that may arise. This clarity helps to streamline the construction process and promotes a harmonious relationship between the involved parties.

The Party Wall Survey Process 

The process of obtaining a party wall survey typically involves the following steps and can be timely:

1. Serving Notice:
The first stage is for the building owner to serve a formal notice to all adjoining owners at least two months before starting any work that affects a party wall or one month if for excavation work near the boundary. This notice should detail the intended work and its scope. Whilst homeowners can submit the notices themselves some key requirements for the process must be followed. Failing to follow this could result in an invalid notice being issued which may not be upheld in court if defect occur. An incorrect notice is not valid and does not instigate the act.

2. Response to Notice:
The adjoining owner has 14 days to respond. They can either consent, request modifications in a counter notice, or dissent. If they dissent or do not respond, a dispute is considered to have arisen. This is handled by either a single agreed surveyor or separately appointed surveyors referred to as the building owners and adjoining owners’ surveyor.
If the notified party does not respond in g 14 days, they must be renotified and given 10 days to confirm how they wish the dissent to be handled. If they do not respond, then a surveyor separate to the building owner must be appointed on their behalf.

3. Appointment of Surveyors:
The appointed surveyor(s) must be formally appointed in writing and have to agree on a third surveyor as a first point of call. A third surveyor is called in case of disagreement between the two surveyors.

4. Survey and Award:
The appointed surveyors will inspect the properties, evaluate the proposed work, and agree on a party wall award. This award is a written legal document which outlines the work to be done, how and when it will be carried out, and any additional protective measures required. The surveyor(s) will also reserve the right to make a further award if needed to in order to keep the work undertaken safely and securely this may include making good.
Generally, all surveyor fees including the third surveyor are incurred by the party proposing the works and the adjoining owner should not incur costs even for delays caused by their surveyor.
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5. Implementation:
Once the award is agreed and served, the building owner can proceed with the work, adhering strictly to the conditions set out in the award.
Should either party disagree they may appeal to the county court local to the site who can overrule the award and replace with an alternative version.

Benefits of following the Party Wall ect. Act 1996

Party Wall awards provide several key benefits:
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Firstly, they offer clarity for all relevant owners involved. The survey timestamps the condition of the properties protecting  both sides against false claims and the award provides clear guidelines and expectations, ensuring that both parties understand the scope of work and the measures in place.

Secondly, they facilitate dispute resolution between neighbours removing the personal neighbourly conflicts. The formalised process helps resolve disputes efficiently and fairly, preventing prolonged conflicts and potential legal battles.
Thirdly, they ensure property protection. By outlining protective measures and ensuring compliance with regulations, party wall surveys help maintain the structural integrity and safety of both properties. This if often required in conveyancing.

Lastly, they provide peace of mind. Homeowners and builders can proceed with their projects in confidence, knowing that all legal requirements have been met and that their interests are protected.

Conclusion

Following the Party Wall etc. Act 1996 is a fundamental aspect of construction and renovation projects involving shared structures and work near boundaries although often overlooked.

Following the process ensures legal compliance, protect property rights, and provide a clear framework for resolving disputes. By understanding the process and benefits of party wall surveys, homeowners and builders can navigate their projects more smoothly and with greater assurance.

If you are planning a construction project that involves a party wall notice or award, consider engaging a professional surveyor such as ourselves to guide you through this essential process.
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Here at SilverTeal we offer useful advice and services to try make the sometimes-complicated process as straightforward and efficient as possible helping to avoid unnecessary delays and costs. Feel free to reach out to our experienced and knowledgeable team.

​About the Author

Joe Marshall BSc (Hons)
Building Surveyor and Director of Silver Teal Ltd

With an expansive career throughout London and Southeast England. Joe brings a wealth of expertise to the Silver Teal Workspace. His extensive experience in both public and private sectors, notably in social housing and emergency services, has honed his proficiency in building pathology and the overall built environment. Joe's academic achievements are highlighted by his 1st Class Honours degree in Building Surveying.

As a director, he is a fervent advocate for nurturing young talent and fostering industry growth. Joe is committed to propelling Silver Teal Workspace forward with his visionary leadership.

If you would like a complimentary discussion with Joe feel free to get in touch

📞 0208 103 4842
✉️ [email protected]